The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 933
SEARCH AND INSPECTION WARRANTS

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F.S. 933.14

933.14 Return of property taken under search warrant.—

(1) If it appears to the judge before whom the warrant is returned that the property or papers taken are not the same as that described in the warrant, or that there is no probable cause for believing the existence of the grounds upon which the warrant was issued, or if it appears to the judge before whom any property is returned that the property was secured by an “unreasonable” search, the judge may order a return of the property taken; provided, however, that in no instance shall contraband such as slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, or other gambling devices, paraphernalia and equipment, or narcotic drugs, obscene prints and literature be returned to anyone claiming an interest therein, it being the specific intent of the Legislature that no one has any property rights subject to be protected by any constitutional provision in such contraband; provided, further, that the claimant of said contraband may upon sworn petition and proof submitted by him or her in the circuit court of the county where seized, show that said contraband articles so seized were held, used or possessed in a lawful manner, for a lawful purpose, and in a lawful place, the burden of proof in all cases being upon the claimant. The sworn affidavit or complaint upon which the search warrant was issued or the testimony of the officers showing probable cause to search without a warrant or incident to a legal arrest, and the finding of such slot machines, gambling tables, lottery tickets, tally sheets, rundown sheets, scratch sheets, or other gambling devices, paraphernalia, and equipment, including money used in gambling or in furtherance of gambling, or narcotic drugs, obscene prints and literature, or any of them, shall constitute prima facie evidence of the illegal possession of such contraband and the burden shall be upon the claimant for the return thereof, to show that such contraband was lawfully acquired, possessed, held, and used.

(2) No intoxicating liquor seized on any warrant from any place other than a private dwelling house shall be returned, but the same may be held for such other and further proceedings which may arise upon a trial of the cause, unless it shall appear by the sworn petition of the claimant and proof submitted by him or her that said liquors so seized were held, used or possessed in a lawful manner, and in lawful place, or by a permit from the proper federal or state authority, the burden of proof in all cases being upon the claimant. The sworn affidavit or complaint upon which the search warrant was issued and the finding of such intoxicating liquor shall constitute prima facie evidence of the illegal possession of such liquor, and the burden shall be upon the claimant for the return thereof, to show that such liquor was lawfully acquired, possessed, held, and used.

(3) No pistol or firearm taken by any officer with a search warrant or without a search warrant upon a view by the officer of a breach of the peace shall be returned except pursuant to an order of a trial court judge.

(4) If no cause is shown for the return of any property seized or taken under a search warrant, the judge shall order that the same be impounded for use as evidence at any trial of any criminal or penal cause growing out of the having or possession of said property, but perishable property held or possessed in violation of law may be sold where the same is not prohibited, as may be directed by the court, or returned to the person from whom taken. The judge to whom said search warrant is returned shall file the same with the inventory and sworn return in the proper office, and if the original affidavit and proofs upon which the warrant was issued are in his or her possession, he or she shall apply to the officer having the same and the officer shall transmit and deliver all of the papers, proofs, and certificates to the proper office where the proceedings are lodged.

History.—s. 14, ch. 9321, 1923; CGL 8516; s. 1, ch. 29676, 1955; s. 42, ch. 73-334; s. 1573, ch. 97-102; s. 41, ch. 2004-11.

F.S. 933.14 on Google Scholar

F.S. 933.14 on Casetext

Amendments to 933.14

Arrestable Offenses / Crimes under Fla. Stat. 933.14

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 933.14.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DOUGAN, v. L. BRADSHAW,, 198 So. 3d 878 (Fla. Dist. Ct. App. 2016)

. . . question here could not amend or add to the statute it cited, the pertinent question is whether section 933.14 . . . officer of a breach of the peace shall be returned except pursuant to an order of a trial court judge.” § 933.14 . . . there was no search warrant here, whether the Sheriffs actions fell under the parameters of section 933.14 . . .

ORTIZ, v. STATE, 24 So. 3d 596 (Fla. Dist. Ct. App. 2009)

. . . . § 933.14, Fla. . . .

LIMBAUGH, v. STATE, 887 So. 2d 387 (Fla. Dist. Ct. App. 2004)

. . . See § 933.14(1), Fla. . . .

KERN, v. STATE, 706 So. 2d 1366 (Fla. Dist. Ct. App. 1998)

. . . Section 933.14(1), Florida Statutes (1995) provides for the return of property taken pursuant to a search . . .

PEREZ, v. STATE, 695 So. 2d 741 (Fla. Dist. Ct. App. 1996)

. . . See, e.g., §§ 790.08(3), 933.14(3), Fla. Stat. (1995); San Pedro v. . . .

HELMY v. T. SWIGERT,, 662 So. 2d 395 (Fla. Dist. Ct. App. 1995)

. . . See § 933.14, Fla.Stat. (1993). See also Sawyer v. Gable, 400 So.2d 992 (Fla. 3d DCA 1981). . . .

JACOBSON, v. PT. ST. LUCIE POLICE DEPARTMENT,, 658 So. 2d 1103 (Fla. Dist. Ct. App. 1995)

. . . Our affirmance is without prejudice to appellant seeking a return of his property under section 933.14 . . .

UNITED STATES v. IN UNITED STATES CURRENCY, PLUS INTEREST,, 1 F.3d 1146 (11th Cir. 1993)

. . . Gable, 400 So.2d 992, 994 (Fla.3d DCA 1981) (section 933.14, providing for return of property seized . . . Fla.Stat. § 933.14(1). . . .

BROWN, v. STATE, 613 So. 2d 569 (Fla. Dist. Ct. App. 1993)

. . . . § 933.14, Fla. Stat. (1991). . . . In any event it is doubtful that section 933.14 constitutes the sole remedy available to Brown. . . .

STATE v. M. BUTLER,, 587 So. 2d 1391 (Fla. Dist. Ct. App. 1991)

. . . Pennsylvania, 380 U.S. 693, 699, 85 S.Ct. 1246, 1250, 14 L.Ed.2d 170 (1965); § 933.14, Fla.Stat. (1989 . . .

COON, v. STATE, 585 So. 2d 1079 (Fla. Dist. Ct. App. 1991)

. . . statutes provide procedures for the return of certain evidence taken under a search warrant, see Section 933.14 . . .

SAN PEDRO, v. METRO- DADE POLICE DEPARTMENT,, 583 So. 2d 406 (Fla. Dist. Ct. App. 1991)

. . . The present situation is instead governed by section 933.14(3), which provides as follows: No pistol . . .

In FORFEITURE OF IN UNITED STATES CURRENCY, KOSEL, v. STATE CITY OF LARGO, LARGO POLICE DEPARTMENT,, 546 So. 2d 1128 (Fla. Dist. Ct. App. 1989)

. . . See § 933.14, Fla.Stat. (1987). . . .

A. MOORE, v. STATE, 533 So. 2d 924 (Fla. Dist. Ct. App. 1988)

. . . Except where property taken pursuant to a warrant is concerned, in which instance section 933.14, Florida . . .

L. M. E. INC. v. CITY OF HOLLYWOOD, 605 F. Supp. 185 (S.D. Fla. 1985)

. . . . § 933.14. Indeed the Court in Hicks v. . . .

L. LAMAR, v. UNIVERSAL SUPPLY COMPANY, INC., 452 So. 2d 627 (Fla. Dist. Ct. App. 1984)

. . . Therefore, under section 933.14(1), Florida Statutes (1979), the circuit judge to whom the return was . . .

C. LANHAM B. J. Jr. J. D. T. J. C. H. M. G. v. STATE, 429 So. 2d 1374 (Fla. Dist. Ct. App. 1983)

. . . State, 283 So.2d 134 (Fla. 4th DCA 1973); and § 933.14, Fla.Stat. (1979). . . .

MARBAN, v. STATE, 426 So. 2d 1273 (Fla. Dist. Ct. App. 1983)

. . . See § 933.14(1), Fla.Stat. (1981). . . .

GOLDING, v. DIRECTOR OF PUBLIC SAFETY DEPARTMENT, METROPOLITAN DADE COUNTY,, 400 So. 2d 990 (Fla. Dist. Ct. App. 1981)

. . . motion in the Criminal Division of the Circuit Court seeking the return of the property under Section 933.14 . . . from exercising jurisdiction, held that motions for the return of property are controlled by Section 933.14 . . . Golding was entitled to seek the expeditious remedy afforded by Section 933.14. . . . Section 933.14, under consideration in Harvey v. . . . The merits of Golding’s claim under Section 933.14, Florida Statutes (1979), are not before us. . . .

SAWYER, v. GABLE,, 400 So. 2d 992 (Fla. Dist. Ct. App. 1981)

. . . Section 933.14(1) provides a mechanism for the expeditious return of property seized pursuant to a search . . . of narcotics, moved under Federal Rule of Criminal Procedure 41(e) (the Federal analogue to Section 933.14 . . . While concededly neither Section 933.14, Florida Statutes (1979), nor any other statute, confers jurisdiction . . . existence vel non of probable cause and unreasonable search are involved in a motion under Section 933.14 . . .

METROPOLITAN DADE COUNTY, v. UNITED STATES v. STATE OF FLORIDA,, 635 F.2d 512 (5th Cir. 1981)

. . . (1) (1973) § 933.14 Return of Property Taken Under Search Warrant. (1) If it appears to the magistrate . . . Chapter 933 contains no general definition of the term “contraband”; section 933.14(1) simply lists the . . . Section 933.14 provides a procedure whereby a claimant to seized contraband may recover such contraband . . . Section 933.14 is not couched in terms of forfeiture at all; as noted above, the statute specifically . . . The IRS has not challenged the constitutionality of § 933.14. . . .

STATE v. PYTHIAN SISTERS, INC., 390 So. 2d 153 (Fla. Dist. Ct. App. 1980)

. . . Contrary to the trial court’s ruling, Section 933.14, Florida Statutes (1979) is the pertinent statute . . . Section 933.14(1) permits a claimant of contraband to show “upon sworn petition and proof submitted” . . .

ALFORD, v. STATE, 307 So. 2d 433 (Fla. 1975)

. . . . § 933.14, F.S.A., provides for the return of property taken when it is not the same as that described . . .

STATE v. HERNANDEZ,, 42 Fla. Supp. 199 (Dade Cty. Cir. Ct. 1974)

. . . Under provisions of §933.14 said items would be subject to return to the defendants Upon a determination . . .

D. NOFS, v. STATE, 295 So. 2d 308 (Fla. Dist. Ct. App. 1974)

. . . . § 933.14 F.S.A. without a showing that such contraband articles were held, used or possessed in a lawful . . .

STATE v. IVANHOE PRODUCTIONS,, 40 Fla. Supp. 67 (Orange Cty. Ct. 1973)

. . . other similar evidence for purposes of criminal practice exists under the laws of this state under §933.14 . . .

E. RHODES, v. STATE, 283 So. 2d 351 (Fla. 1973)

. . . . § 933.14, F.S.A.—Return of Property Taken Under Search Warrant. . Heller v. . . .

UNITED STATES v. DE LUCIA,, 262 F.2d 610 (7th Cir. 1958)

. . . These reports show personal and farm expenditures in the amounts of $217,107.37 for 1948; $120,-933.14 . . .

GEORGE M. STUDEBAKER CLEMENT STUDEBAKER, JR., 2 B.T.A. 1020 (B.T.A. 1925)

. . . 1919 of $16.57 and $7,851.59, respectively, and an overassessment for the year 1920 in the amount of $933.14 . . .

In BORDEN, 3 F. Cas. 896 (S.D.N.Y. 1871)

. . . not include the expenses of selling the property, but such expenses were only about $250, and the $4,-933.14 . . .